Timothy Heyes v Australian Athletics

The Appellant, Timothy Heyes, is an athlete and member of the Respondent, Australian Athletics, the National Sporting Organisation for athletics in Australia.

On 5 June 2026, the Respondent lodged an application with the National Sports Tribunal (NST) following the Appellant’s non‑nomination for the Men’s Hammer Throw event at the 2026 Commonwealth Games (the Games) to be held in Glasgow, Scotland. No Interested Parties were joined to the proceedings 

The nomination and selection of athletes for the Games is governed by the Team Nomination, Selection and Appeals By-Law (the By-Law) and the Australian Athletics Nomination Policy - 2026 Commonwealth Games, Glasgow, Scotland (the Policy). 

The Appellant submitted that the Policy was not properly applied, arguing that the Selection Committee failed to give adequate weight to his recent performances and comparative results, and placed undue emphasis on his anticipated future development relative to other athletes.

Australian Athletics submitted that its Selection Committee exercised its discretion in accordance with the Policy, having regard to the objectives of nominating the most competitive team and considering a range of relevant factors under clauses 3 and 5.23, including performance, rankings, and future potential.

An oral hearing was held on 15 June 2026.

On 16 June 2026, the NST Panel dismissed the appeal, finding that the Selection Committee exercised its discretion reasonably, in good faith, and in accordance with the Policy, and that there was a material basis for the Appellant’s non-nomination.